Tag Archives: labor

THE LOCHNER LITMUS TEST

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Finally made it into the Philadelphia Airport late last night, after several hours delayed in George Herbert Walker Bush Airport in Texas, a real monument to small government if ever there was one. It was long enough to read a good chunk of Ed Klein’s anti-Clinton screed, and yes, it’s as bad as they say, and certainly libelous – though I’m not convinced that should be illegal. And it was a chance to watch the same couple minute CNN piece on O’Connor’s resignation several times.

Not being a Democratic Senator, I have the freedom to go off message and say that O’Connor’s resignation is unfortunate not because she was the linchpin in some sort of divine cosmic balance on the court that’s best for the country, but simply because her replacement will almost certainly be even more conservative than her, and conservative jurisprudence is bad for our country. Of course, if she herself didn’t want that to happen, she shouldn’t have presided over the theft of the 2000 election.

As for who comes next, my sense is that the Alberto Gonzales trial balloon is a red herring. It wins Bush credit from some moderates and Latinos for having an ostensibly moderate Latino on the “short list,” and when he goes with a Janice Rogers Brown instead, he’ll win that much more credit from right-wing extremists for having “listened” to their concerns about Gonzales.

The good news is that there are still five votes on the Court for upholding Roe (Casey was 5-4, but since then Justice Ginsberg replaced Justice White, who was one of the four), though not Steinberg v. Carnhart, which the federal late-term abortion ban seems to have navigated around anyway. That said, support for the right to autonomy in intimate spaces and decisions long recognized by the court is absolutely a standard for just jurisprudence.

At least as important as support for Roe in the coming controversy, though, should be opposition to Lochner, the court’s atrocious 1905 decision overturning New York’s minimum wage statute on the grounds that the absolute right of contract including a “right to work” for poverty wages. Lochner was overturned in West Coast Hotel, which rightly upheld the power of the people, through the legislature, to foster justice in the face of collective action problems and asymetrical bargaining relationships by enforcing universal labor standards.

Since Justice Black’s dissent in Griswold, opponents of privacy rights have made the perversely labelled the cases protecting them as “Lochner”-like, ignoring the differences between legislation regulating the relationship between employers, employees, and consumers, one which is by definition public, and legislation which regulates the private choices of individuals. Much as Footnote IV in Carolene Products suggests that judicial review is more justified when exercised to protect the rights of “discrete and insular minorities” who face more obstacles in protecting themselves in the legislative process, legislation itself is that much more justified when it achieves collective ends a majority of individuals might prefer but be unable to enact individually due to collective action problems. The law wrongfully overturned in Lochner achieved majority support despite employer opposition because most workers preferred to work less than 60 hours a week but could not unilaterally refuse to work more without threatening their livelihood. It is far less credible to argue that the legislation barring contraceptive use rightfully overturned in Griswold solved a collective action problem shared by a majority of couples who did not want to use contraception themselves but were somehow unable to decide for themselves not to use them. This illustrates the distinction between private and public interaction, and why privacy rights, which protect the former from the kind of regulation appropriate for the latter, preserve personal freedom, while the absolute “right to work” suggested in Lochner diminishes it.

While Justice Black makes equivalence between Lochner’s invocation of substantive due process and that in Justice White’s concurrence, the relationship between the fourteenth amendment and absolute laissez-faire contract rights is far more tenuous than the relationship between the Bill of Rights and privacy. The laissez-faire hostility to so-called “class legislation” was also explicitly rejected as constitutional law by the people through the sixteenth amendment, which in imposing an income tax recognizes the right and responsibility of government to pursue economic justice and equal opportunity through law. The American people, whose prosperity has been fostered and protected by many of those laws, deserve a new Supreme Court Justice who recognizes that right and that responsibility as well.

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Today’s press release from Change to Win, the dissident unions’ alternative vehicle for their agenda to revive the American labor movement:

At a meeting this morning with 50 top officials from the unions, the Coalition approved a Constitution and Bylaws that would promote the coordination, cooperation and collective action of their affiliated organizations to boost union strength and improve workers’ lives. “Our goal is to empower the tens of millions of American workers who face the daily challenge of making ends meet and whose voice has been silenced by the overwhelming power of large global corporations and their representatives in Washington,” the five Presidents said in a joint statement. “The basic principle that brings us here today is that American workers cannot win a better life unless more workers belong to unions, and unless those unions have the focus, strategy, and resources to unite workers in their industry and raise standards for pay, health care, pensions, and working conditions,” they continued.

While the founding unions hope their proposals are passed by the delegates to the AFL-CIO Convention, it will put them into practice immediately through the structure and activities of the Change to Win Coalition. Regardless of the agenda adopted in Chicago by the AFL-CIO, the Coalition will move forward with its reform program after the Convention. The union leaders said today that they welcome other labor organizations into the Coalition. They said, “In the Constitution and Bylaws we adopted today, we pledged mutual support and solidarity, no raiding, and no retaliation for those who may choose to leave the AFL-CIO. We seek to change the face not only of what organized labor does, but how it does it.” The Coalition unions have pioneered new organizing techniques. Each member union is contributing funds to the Coalition to take those techniques to a new level by cooperatively organizing non-union workers in key areas of the private sector.

Whether this portends a split or simply a consolidation of the dissidents’ power within the AFL-CIO remains to be seen. Either way, they have a program that works at a time when the federation isn’t working, and they’re right, as they were back when they formed the New Unity Partnership, to work together to push that vision forward aggressively. And they’re right, even as they push the AFL-CIO, not to wait for the AFL-CIO.

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Bad news for those of us who’ve been rooting for new leadership at the AFL-CIO, as the UAW, one of the crucial remaining swing votes, yesterday endorsed John Sweeney for another term. This leaves little chance of a change in leadership this time around, as Thomas Edsall writes, and is prompting a shift in focus to the next choice the reformers have to make – should they stay or should they go:

While Sweeney, 71, now appears certain to win, the nation’s largest union, the Service Employees International Union, is more likely to follow through on threats to bolt from the AFL-CIO. “The challenge here is to make sure we have a labor movement that can change people’s lives,” said SEIU President Andrew L. Stern, noting that all of his union’s locals are voting on a proposal that would authorize the union to sever its ties to the labor federation…The dissident unions, calling themselves the “Change to Win” coalition, had been counting on the UAW to give them new momentum, and lift the collective membership of their unions to well over 5 million. There are about 13 million members in the 58 unions that make up the AFL-CIO, so it takes unions with a total of 6.5 million members or more to win a leadership fight. At the moment, the dissident unions have just under 5 million members. Stern said beating Sweeney had been a long-shot proposition from the beginning. “It’s always been hard to imagine defeating an incumbent leader,” Stern said. “John Sweeney has probably always had the votes.” Unite Here President John Wilhelm, who was widely viewed as the most likely person to run against Sweeney, contends that winning majority support for restructuring will precede any leadership change. He said he has spent his “entire life in the House of Labor,” but he did not rule out joining Stern and leaving the AFL-CIO.

This a sad development for Americann workers, and it’s a shame that for now, an AFL-CIO guided by a reformist vision of what was the New Unity Partnership and by more inspired leadership has become a much more distant possibility. Hopefully John Sweeney will continue to feel and respond to the pressure to build a federation which leads its member unions to revived power by prioritizing aggressive organizing facilitating effective cooperation, and encouraging tactics which work.

The AFL-CIO, unfortunately, has not been working for a long time, in part because too often its approach has looked more like the narrow approach of the old AFL than the agressive broad-based approach of the CIO. There’s plenty to fear about a potential breakaway from the federation. The kind of union raiding which the reformers have identified as a challenge to labor’s effectiveness could become uglier were some or all of these unions to move outside of the structure of the AFL-CIO. And the red-baiting and purging of early post-war period can be pinned in part on the division between the AFL and the CIO. But that said, the same competition between the federations also sparked a great deal of tremendous organizing which, if not for the CIO’s existence as an independent organization, might very well never have taken place. Unions like SEIU and UNITE HERE have a model which is working, though certainly imperfectly, and it’s a model which has has achieved some impressive successes despite the failure of the federation to effectively serve the functions they’ve rightfully called for it to execute. If pulling out means a renewed ability to marshall resources for maximum efficacy in organizing, to build stronger coalitions with other progressive organizations with shared worldview, to more effectively hold politicians accountable (good cop, bad cop, et al), and to press the AFL-CIO from the outside to reform, it could be more than worthwhile.

The narrow lense through which this has all been read in the Times and Post and such, unfortunately, is “Labor = Democratic Turnout Machine” and ergo “Division in labor = peril for Democrats.” This slant is both short-sighted and wrong-headed. What the Democratic party needs, and should be doing much more to foster, is a reversal of the decline in American union membership. Any change that leads to more effective organizing broadens the Democratic constituency. Internal debate about how to make that happen is certainly healthy; if a split is effective in making union membership a reality for the millions of Americans who want it, then that spells great things for the Democratic party. If it can’t accomplish that, then it’s already a terrible move. But there’s no reason to assume that two federations would be fatally less effective at political turnout than one. The Democratic politicians who really have a reason to be afraid are the ones coasting on their partisan affiliation without keeping promises to American workers. If these newspapers are committed to assessing what a split would mean for the Democratic party, first they’ll need to engage the conversation on what it means for the labor movement.

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“Restoring the American Dream: Building a 21st Century Labor Movement that Can Win,” the platform released by UNITE HERE, SEIU, the Laborers, and the Teamsters on Monday, is on-line here. Its Agenda for Worker Strength has five points, the first of which, “Uniting Workers for Economic Strength,” articulates the structural proposals which have been at the center of the controversy over the future of the AFL-CIO. It calls for the federation to:

Use incentives to focus unions on uniting workers in core industries.More of the national labor movement’s resources must be directly devoted to the task of bringing millions of new workers into the labor movement. The AFL-CIO budget must be used to create incentives for unions to increase their organizing and focus on uniting workers in their core industries in order to maintain and build bargaining power. We believe that half of what unions now pay to the AFL-CIO should be rebated to unions that have a strategic plan and commitment to organizing in their core industries based on the formula outlined in the Teamster proposal.

Actively support mergers that unite workers by industry. Many AFL-CIO affiliates do not have the resources or strength or effectively take on large employers that are driving standards in their industries or to help workers organize on a large enough scale in their industries…The AFL-CIO should play an active and direct role in working with affiliated unions to facilitate mergers – subject to approval by the affected members – that lead to increased power for workers in the same or complimentary industries…

As this platform recognizes, the responsibility of a single national labor federation, if we are to have one in this country, is to grow the labor movement by protecting the right to organize and providing resources and facilitating coordination for organizing. In an era of declining union density and increasing corporate consolidation, coordination within industries is crucial to turning the tide, and mergers – when they are strategically savvy and democratically supported – are a powerful tool for building power and solidarity. And most of all, as John Sweeney himself has repeated over the past decade, the straits in which working Americans find themselves today make it imperative to organize or die. The unions bringing forward this proposal are right to recognize that spurring organizing requires more than rhetorical leadership from the AFL-CIO. The reason they represent a significant fraction of the membership of the federation is that they have prioritized an aggressive organizing program over the past decade, and in so doing have realized the right to collective bargaining for millions out of the more than half of American workers who say in polls that they want union representation at a time when only one in twelve in the private sector has it. Because union membership is a source of greater strength when greater numbers of workers are in unions, it is not only justifiable but crucial for a federation funded and supported by fifty-some internationals to use its resources to push each of those unions to grow. Remitting a portion of those dues to those unions committed to spending money to directly grow the density of the movement is directly in the service of the broader movement. If the AFL-CIO is kept from aggressively push greater organizing and coordinated action, it risks being reduced over time to little more than an occasional media and turnout apparatus of decreasing usefulness. The document continues:

Strategically leverage labor’s existing bases of industry strength…It means identifying lead and dominant unions by sector, industry, employer, market, and where appropriate, craft, along with the responsibilities that go with it. It means that industry or area bargaining standards need to be made central to the inter-union dispute process and central to labor’s efforts to focus resources…rules must be updated and revised to reflect the pressing need for organized labor to deter the “race to the bottom” caused by employers seeking to use one affiliate as a means of protection from another, and to encourage unions to devote precious resources to building power in core industries and coordinate bargaining. Where multiple unions have members in the same industry, industry in a market, or employer, the AFL-CIO will facilitate coordinated bargaining. Affiliates undercutting standards should suffer penalties.

I’m not sure yet what to make of the assignment of dominant unions in each sector, but the need for clear and unyielding standards in bargaining is inarguable. As long as weaker unions cut deals with employers to keep out stronger unions, the labor movement is shooting itself in the back and it is those workers who most need effective representation who suffer. Critics of the New Unity Partnership are right to remind us that the absolute right of a worker to join a union of her choosing is not to be compromised. No one wants to see workers shoehorned into pre-selected unions based on negotiations in which they have no part. But the fundamental economic freedom of union representation is not served when weak unions take on the role of the company unions of the pre-Wagner era and push out internationals which threaten an employer because they have the power to win real gains. The only way I can see to empower workers to organize and to win is through the formation and standards and the facilitation of negotiation, and the reformers are right to identify a role for the AFL-CIO, as a voluntary union federation, to play here in maximizing the effectiveness of its member unions in growing and serving the ranks of its member workers. Too often, this issue is discussed as a matter of big unions versus small unions. But the assumptions that small unions are always more democratic and that that big unions are always more effective are both misguided, and neither is borne out by history. Much more salient is the division between those unions which prioritize organizing and industrial democracy and those which do not. Somewhat less controversial is the next proposal:

Make the AFL-CIO the strategic center for a permanent campaign to take on powerful anti-worker employers and help workers unite their strength in new growth sectors.…Well-funded, movement-wide campaigns are required to make low-road employer respect their workers’ freedom to form unions…We support the creation of a dedicated fund of $25 million out of the current AFL-CIO to finance large, multi-union movement-wide campaigns directed at reversing the Wal-Marting of our jobs and out communities by large low-road employers.

Fortunately, after years of unsuccessful and largely unnoticed and uninspiring organizing attempts by the UFCW at Wal-Mart, there’s a growing awareness that the viral expansion of Wal-Mart and its noxious business model will mean diminishing returns for the entire movement until we take it on head-on, and that organizing Wal-Mart represents a momentous challenge which cannot be overcome by a single union alone. As John Wilhelm wrote to John Sweeney last year, however the November election went there would have been no greater priority for the American labor movement in its wake than winning a robust right to organize for millions of Wal-Mart workers. As we saw in the supermarket strikes in LA, as long as Wal-Mart pushes forward a race to the bottom at an unprecedented rate, all working people lose. And it will take the commitment of the whole federation to reverse that trend.

Make growth and worker power our political focus…To empower workers politically we must have a growth agenda to build larger, stronger and more effective workplace organizations. Increased political spending without a program for growth will not lead to either increased power for workers in the workplace or in politics…Our program must be workplace-centered, worker-oriented, and independent of any party or candidate. Our purpose is to be the voice of workers in the political process, not the voice of politicians or parties to the workers…The AFL-CIO’s political program at the local, state, and national levels should have as its highest priority encouraging public officials to actively support workers who are trying to form unions, as well as to support the maintenance and growth of union jobs…those politicians of either party who support the union-busting agenda of the Right to Work Committee, the Associated Builders and Contractors, or any other similar organization should face rebuke from all unions affiliated with the AFL-CIO regardless of their stand on other issues. The AFL-CIO needs to develop a strategic growth and political plan focused on critical swing states that will make the difference in changing the direction of our nation, and to which state and local bodies and affiliates are held accountable…an increase in union density in the State of Ohio, for example, from 16% to 26% would have put John Kerry in the White House.

This document is absolutely right to recognize the failures of the AFL-CIO in holding accountable Democrats who cast anti-labor votes, in forcing the right to organize onto the national political agenda, and in using the political system to protect and further workers’ rights. I think the problem has much more to do with the federation’s treatment of anti-labor Democrats than of pro-labor Republicans – in fact I’d say too often labor has bent over backwards to bestow the pro-labor Republican label for the appearance of a bipartisan pro-labor consensus of the kind we have yet to create. And the reformers are right that a resurgence in labor’s political clout cannot come without a resurgence of union organizing. Here labor and the Democrats should have a shared interest in creating more union members, given that union membership is the only thing that makes white men with guns who go to church vote Democratic; would that the Democrats put as much effort into trying to multiply the ranks of union members as the Republicans are into trying to create more investors. Putting the right to organize front and center would help Democrats doubly by creating more union members and by giving them more reason to vote Democratic; this platform attests to the ways the AFL-CIO has to go in pushing for politicians to do so. The legal right to organize cannot itself be labor’s entire political agenda however; while this paragraph almost reads as if it is, the platform later devotes entire sections to coalition-building around healthcare and global trade. The line later on refering to “social issues” as outside of the purview of labor is as unsettling as it is intentionally ambiguous. It certainly doesn’t represent the approach that’s yielded success for SEIU and UNITE HERE over the past decade. A path to citizenship for undocumented immigrants and freedom from discrimination for women, workers of color, and queer workers, are fundamental issues of workers’ rights, and any labor federation which shies away from them does so to its own detriment and that of this country’s most marginalized workers. A recognition of the urgency of broadening the movement is more clear in the sections on diversity within the AFL-CIO and international solidarity.

New Standards of Accountability and Governance…If labor as a whole is to grow the AFL-CIO must be the movement’s strategic growth center…democratic change requires the creation of a streamlined Executive Committee comprised of the largest unions that represent most AFL-CIO members and are responsible for uniting workers in the major sectors of the economy, with several additional rotating seats to ensure diversity…Financial and organizational accountability and openness must be the operating principal of a new AFL-CIO. Ongoing senior level staff meetings between unions on issues of AFL-CIO policy must take place between meetings of principals…The AFL-CIO must establish and enforce standards in such areas as bargaining, strategic industry plans and results; political fundraising and participation by members and their families, workplace organization, among others.

I’m not sure what structural arrangement best serves the ends of openness and representativeness within the AFL-CIO. But inter-union dialogue is certainly a must, as is transparency in decision-making and accountability in producing results. This accountability must apply both to the federation’s leadership and to its member unions. The AFL-CIO is, after all, a voluntary compact, and affiliation should signify a commitment to organizing and building the movement.

These proposals, all the more so when taken together with the other four points of the platform (focused on representation, strategic use of union money and purchasing power, global solidarity, and healthcare and retirement security), represent a blue-print with at least the potential to bring real change to a federation in deep need of it. I support its broad vision, including the final point of that first section:

Leadership Committed to Building a Movement that Can Win. The AFL-CIO needs leadership that is committed to the kind of fundamental restructuring of the federation that we are proposing.

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After several months of widening tension between John Sweeney and union leaders calling for a more aggressive, broader-based organizing vision more like the one that’s been winning in from Los Angeles to New Haven, Andy Stern and Bruce Raynor yesterday explicitly ruled out another term with Sweeney at the helm of the AFL-CIO as an acceptable vehicle for change:

Asserting that sweeping change was needed to revive the labor movement, the union leader, Andrew L. Stern, president of the Service Employees International Union, said Mr. Sweeney was not the person to bring about bold change. “We need to make far-reaching changes and have a leader committed to such changes, and that leader is not John Sweeney,” said Mr. Stern, whose union represents more than 1.7 million workers…Yesterday, Mr. Stern joined the leaders of four other major unions – the Teamsters, the laborers, the food and commercial workers, and the hotel, restaurant and apparel workers union, Unite Here – in endorsing a platform that calls for overhauling the A.F.L.-C.I.O. The platform proposes nearly tripling the amount that the 13-million-member federation spends on unionization efforts…

In an interview, Mr. Stern indicated that his union would stay in the A.F.L.-C.I.O. if labor leaders elected a challenger committed to broad changes to help unions grow…Saying he is the best candidate to push labor forward and unite it, Mr. Sweeney has said he has no intention of being pressured into retiring. “At a moment when workers are under severe attack, it’s time to work together as never before to build and strengthen our movement,” he said in a statement. “It’s certainly no time for ultimatums.” Mr. Stern said he would support John W. Wilhelm, president of Unite Here’s hospitality division, if he challenged Mr. Sweeney. But Mr. Wilhelm has voiced doubts about running because unions with only 35 percent of the federation’s membership support him. Several Wilhelm supporters said that if he declined to run, they would support Terence O’Sullivan, the laborers’ president.

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A few choice lines from Columbia Provost Alan Brinkley’s memo mentioned yesterday:

…we should seek to reduce the possibility of future strikes in response to those teaching fellows who fail to meet their instructional commitments…Anyone wo assumes additional responsibilities, including those graduate teaching fellows who continue to meet their classes, should be compensated financially for the extra work…Part of the teaching fellows’ stipend is distributed as a monthly salary. The University should immediately stop making those payments to any teaching fellows who deliberately fail to meet their instructional commitments…the web site developed last year should be reactivated and updated to reflect current conditions and the University’s new policies for dealing with the strike.

Jennifer Washburn’s piece effectively skewers the illegality and illiberalism of the strike-breaking tactics of universities like Columbia and Yale. At least as crucial to observe in reading a memo like this, however, is how clear administrators like Alan Brinkley (who should know better) are implicitly in the way they privately discuss the issue about what the challenge is that they’re facing: a strike of the labor of a significant portion of their academic workforce. Otherwise, there’d be no place for words like “extra work,” “compensated financially,” “salary,” and “strike.”

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An energized rally today on the Green before folks set out for this afternoon’s rally in New York with strikers from Columbia’s CGEU, unionized graduate teachers from NYU preparing for a contract fight, and workers and allies from across the Northeast. I and fourteen other undergads will unfortunately be unable to attend, at this afternoon we’re being brought before Yale’s Executive Committee for consideration of disciplinary action over our sit-in in February. I hope the Committee will recognize the action we took as an act of conscience which used non-violent means with a long history at the university to pursue changes central to realizing Yale’s best values. I hope Yale can turn its time and energy now to furthering the work of realizing equal opportunity for undergraduates and graduate employees alike.

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In the wake of Wednesday’s vote by 82% of GESO TAs to authorize a strike, it’s key to remember which camp on this campus prefers negotiations to strikes and which prefers strikes to negotiations. GESO is in the former camp, having spent a decade calling in vain for President Levin to come to the table and just last week once again pleaded with the administration to resolve this labor struggle by recognizing the vote certified by Connecticut’s Secretary of State. President Levin, unfortunately, is in the other camp, willfully forcing another strike on this campus rather than even having a discussion with the union in which a majority of humanities and social science TAs claim membership. At no point this year has this contrast been clearer than at President Levin’s Open Forum in February, at which he responded to a student question by saying “Yes, I would rather have them strike than meet with them, because I believe it would be less detrimental to the university.”

Hard to believe it was only a year and a half ago that President Levin was holding a joint press conference with HERE President John Wilhelm and Mayor John DeStefano to announce the completed negotiation of contracts with Locals 34 and 35 and the end of that fall’s strike. On that day Levin expressed his hope that Yale’s administration and its employees would be able “to build a stronger, more cooperative relationship.” He told reporters that “in the end, it was the conversations that won the day, not the confrontation.” Some dared to hope that the “new era in labor relations” promised at the tercentennial had finally – however belatedly – arrived. Unfortunately, as teaching assistants move to authorize a strike, Levin seems to be working from the same old anti-union playbook. The “stronger, more cooperative relationship,” it appears, does not apply to the teaching assistants who do a third of Yale’s teaching. Here, conversations will have little chance at winning the day as long as Levin continues to maintain that they would be more harmful to the university than the disruption of academic labor.

Levin’s intransigent refusal to talk to GESO about a fair process unfortunately mirrors Yale’s refusal to engage in constructive discussion with the union about the challenges facing the university, be the issue academic casualization’s threat to undergraduate education, the under representation of students of color, or the inaccessibility of affordable healthcare. As the News itself has observed, Yale’s silence in the face of GESO’s articulation of these problems and offering of solutions is too often deafening. Last year, when over 300 GESO members, after trying in vain to meet with Dean Salovey about diversity at Yale, filed a formal grievance with the administration, they waited months before being told that the grievance had been misplaced. GESO went back and again collected the signatures, again submitted the grievance, and are again waiting for a response to their calls for increased funding for the Office of Diversity and Equal Opportunity, institutional support for under-resourced academic fields, and the formation of an independent grievance process.

Like many of us, GESO’s members are still waiting for Yale’s leaders to enter the conversation on how fashion policies which better promote Yale’s stated values of equal opportunity and excellence in education. Meanwhile, the proportion of Yale’s teaching done by transient teachers has risen to more than triple that recommended by the American Historical Association, more graduate students have turned to HUSKY, Connecticut state healthcare assistance for the working poor, to insure their children, and Hazel Carby remains the only Black woman tenured at Yale. Yale’s refusal to address these issues or the graduate student employees working to improve them has only reinforced the determination reached by others over a decade ago that being heard as a Yale employee means being recognized through a union contract.

We as undergraduates face the prospect of another strike because our President refuses to recognize what the United Nations and the Internal Revenue Service do: that the men and women who teach our sections and grade our papers are employees receiving compensation for labor. Levin could avert a strike today by sitting down GESO’s leaders and agreeing to a fair process for union recognition. So far, he’s demonstrated the same refusal to come to the table which dragged out Local 34 and 35’s last contract negotiations two years past the expiration of their contract. After that last strike, Levin told the New Haven Advocate that “Had we been able to sit down” earlier to negotiate, a settlement would have been reached much earlier. But at that same press conference, when Editor Paul Bass asked whether Levin would have come to the negotiating table, as many of us spent over a year urging him to do, without a strike, Levin paused and then answered, “At the right time and place, I would have been there.” History need not repeat itself next week. Levin still has a chance to recognize that the right time has come to negotiate with GESO, and to demonstrate that he too has learned something from the strikes which have been so frequent in this university’s history.

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My speech to the Yale Political Union (yes, I even wore a tie…) tonight:
Thanks for having me tonight. All of us in this university community are going to have important decisions to make over the next week, and I appreciate the chance to add my voice to what I hope will be a constructive debate about how we can best see our shared values better realized by our university.

One of the values which brings us together at this institution is a shared commitment to educational excellence. I’m glad to be able to say that I’ve received an outstanding education to this point at Yale, and it’s one for which I’m very grateful. That’s why many of us, with GESO’s strong support, have fought to make that education a realistic possibility for more students. And it’s why many of us are deeply concerned by trends which threaten to erode the quality of undergraduate education at Yale and at universities across the country.

One of these trends is casualization: the transformation of long-term, well-supported jobs into temporary, insecure work lacking the job security and job benefits of their predecessors. Casualization is a national economic trend in which employers cut costs by disinvesting in their workers and cease encouraging workers’ long-term investment in their work. The casualization of academic work is reflected in the national drop from three decades ago when 80% of teaching was done by ladder faculty to 50% today. Ladder faculty have long-term contracts and opportunities for further advancement or tenure. They’re being replaced with a casualized workforce made up of adjunct professors and graduate employee teaching assistants on whom is shifted an increasing portion of the academic workload. Here at Yale, ladder faculty do even less than 50% of the teaching – more like 30%. Adjuncts do another 40%, and teaching assistants do 30%. That means an hour of teaching at Yale University is at likely to be done by a TA as by a professor with a multi-year contract. Needless to say, this is not the academy some of GESO’s detractors are picturing when they refer to its members as “ruling class” spoiled kids biding their time until accepting tenured jobs on completion of their degrees. Instead, they’re doing the teaching work which in another generation was done by ladder faculty, and discovering on graduating that the jobs they may have hoped for at other universities are being done instead by casual employees.

The trend of casualization poses two challenges: How do we make sure universities maintain enough long-term faculty to provide effective mentorship? And how do we make sure that the casual workers who do a majority of today’s teaching have the support necessary to do the best job possible? Around the country, more and more graduate employee TAs, including three-fifths of the ones teaching in humanities and social sciences at Yale, have decided that the answer includes exercising their right to collective bargaining and union representation. As undergraduates, if we want a university which fosters educational excellence, equal opportunity, and democratic participation, then their fight is our fight as well.

This fight is our fight as undergraduates because until Yale fully values the work of our teachers, Yale cannot fully value our education. GESO is right to call for a living wage for graduate student employees to justly compensate the crucial work they do and to enable them to do it better by removing the necessity of working additional jobs on top of teaching, classes, and research. GESO is right to call for paid teacher training to help graduate student employees become better teachers, for smaller class sizes to facilitate better learning, and for office space in which they can better advise students. GESO is right to call for pay equity so that teaching assistants are not paid less the longer they’ve been teaching, and for a rational system for teaching assignments so that teaching assistants are not needlessly teaching far out of their areas of study.

Just as in the campaign for undergraduate financial aid reform, the issue at stake is both how this institution supports the people who are here and who it is that makes it to Yale in the first place. Those who say GESO isn’t sympathetic because most Yale graduate students are white single men in their early twenties are not only wrong about the make-up of Yale’s graduate school – they’re ignoring the factors which make graduate school a more difficult prospect for others. All of us have a stake in the provision of childcare and dependent healthcare for graduate student employees because TAs who didn’t have to spend significant fractions of their pay on childcare and put their kids on HUSKY would be free to be better teachers, and because addressing these injustices would mean fewer outstanding students and teachers kept out of Yale.

Yale cannot be the global leader or liberal educator which we aspire to make it as long as it draws teachers and students disproportionately from a narrow segment of this country. While every individual brings unique perspective to bear on their work, when the voices of swaths of the population are largely absent the ranges of experience narrow. GESO is right to call for full funding for the Office of Discrimination and Equal Opportunity and a formal impartial grievance procedure for discrimination complaints. And GESO is right to call for greater transparency in admissions, hiring, and retention of women and people of color as a spur to further diversification and integration of our community. Today teaching unfortunately mirrors other parts of Yale’s workforce in that women and people of color are concentrated in lower-paying casualized jobs from which it is difficult to rise into the secure well-compensated positions today dominated by white men.

Because they believe in the best ideals of this university, Yale graduate student employees have been organizing for nearly two decades for policies which better support them, their families, and their students, first as “TA Solidarity” and then as GESO. Over this time, GESO has spurred a series of progressive reforms in their working conditions, from stipend increases to healthcare coverage to the formation of the Graduate Student Assembly. Throughout, GESO has recognized that winning requires more than deserving better – winning requires being organized. Everything GESO has achieved has been won through organizing, by building a platform out of the articulated concerns of thousands of graduate student employees and bringing them together to press collectively for change. It’s because the process of agitating for better conditions demonstrated to graduate student employees the urgency of achieving an institutional voice and a seat at the table that they’ve been fighting for over a decade for a union contract.

In pursuing union recognition, these graduate student employees demonstrate their faith in the fundamental democratic principles which inspire this university in its best moments: that justice is best served when everyone with a stake in the result has a part in the process. In signing union cards, they demonstrate their understanding that their rights are best protected and their interests best furthered when they stand together in calling on Yale to do better, be it Chinese students combating discrimination at Helen Hadley Hall, researchers fighting to make the AIDS drug they helped discover available to poor patients, or parents pushing for childcare they can afford and trust. Three-fifths of humanities and social science TAs have joined up with GESO for the same reasons workers in many jobs in many parts of the country do: To make their work more effective and better supported and their voices better heard and respected.

We’ve come to this point because Yale’s leadership has refused to recognize what everyone from the United Nations to the Internal Revenue Service does: that the thousands of hours graduate student employees spend each day teaching classes, grading papers, and conducting experiments constitute labor critical to the functioning of the university, and the people who do it are a workforce. Whether TAs plan to spend their lives doing exactly the same work, whether they enjoy doing it, and whether they learn on the job are all as irrelevant in considering the legitimacy of this union as they would be were it a union of artists or of supermarket clerks or of carpenters. Equally irrelevant is the question of whether Yale’s graduate student employees are better or worse off than its clerical and technical or service and maintenance workers, who’ve shown far less interest in that question than GESO’s student detractors. Instead, Yale’s other service workers have stood with and sacrificed with GESO throughout, just as Local 35 did in staying out on strike for ten weeks to help Local 34 win its first contract at a time when the image of mostly black male blue-collar workers standing with mostly white female pink-collar workers left most observers in confusion or disbelief. These Yale workers stand with GESO because they know from personal experience that the university is stronger and healthier when the people who do the work of this institution have an organized voice in negotiating how that work happens.

Unfortunately, President Levin has not yet come to that realization. Instead he told undergraduates a month and a half ago that he would rather see GESO strike than have even a meeting with GESO leadership because it would be “less detrimental” to the university. This after a full decade of abject refusal to sit down with the union which has each year won the support of a majority of TAs in the humanities and social sciences to discuss GESO’s proposals for change or to agree to a fair process for a majority to make clear whether or not it wants GESO as its bargaining representative. Unless Levin changes course, I’m confident that tomorrow a majority of GESO’s members will vote to strike for a recognized voice, and I’ll be proud to stand with them next week for changes which realize the great potential of this university.

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This letter in today’s YDN is a whirlwind ride through the classics of anti-GESO rhetoric:

The Graduate Employee Student Organization (GESO) is not a union. Let’s not call teaching fellows’ failure to show up for work a “strike” (“GESO issues strike threat,” 4/7). Let’s call it failure to show up for work. Yale should withhold pay from and appropriately punish any TF who fails to do his or her work, just as the University would treat any other of its employees.

Yes, you read that right: Yale should treat TAs “just as the University would treat any other of its employees.” But if they are indeed like any other employees, then don’t they have the right to bargain collectively? And when they organize to exercise that right, isn’t that a union? And when the workers in that union refuse to work in order to bring their employer to the negotiating table, isn’t that a strike? The irony is that were Yale to recognize that its graduate employee teaching assistants have the same rights as other employees, there would be no need for this strike. Jon Fougner continues:

It’s unclear to me how GESO ringleaders regularly work up the gall to hijack section time to propagandize.

Funny thing is, when professors and graduate students who oppose GESO use class time to slam GESO, you don’t hear as much concern from the administration about the sacrifice of academic time. Same when it’s, say, graduate students’ advisors making veiled threats about how union support could destroy their career (more about these tactics, and their relationship to Fougner’s citing the 2003 LOWV vote, in this report). Fougner says:

It’s unclear to me why we should be sympathetic to strikes by the ruling class, whether they be professional hockey players or professional academicians.

Not only are GESO’s members, who work for well under $20,000 a year and in many cases will work in not much more lucrative post-Doc positions after graduation because graduate students like them will be doing the jobs they would have wanted, not the ruling class, but to the extent that graduate school’s like Yale’s disproportionately represent particular slices of the American population it’s precisely because of the absence of reforms like dependent healthcare and childcare which, if Fougner had his way, GESO would have nothing to say about and the YDN would give no coverage:

It’s unclear to me that the News ought to let GESO use its front page as a free megaphone…What is clear is that GESO has accomplished little for its own members, and nothing for real laborers. Indeed, in 2001, while Harvard students were courageously bringing Massachusetts Hall to its knees over a “living wage” for university employees, GESO was opportunistically shanghaiing honest-to-God unions into its shifty, self-serving camp.

GESO has accomplished plenty for its members, who are indeed laborers, as everyone from the UN to the IRS has recognized. One of GESO’s ongoing fights is for a living wage for all Yale employees, a fight in which teachers, researchers, service and maintenance workers, and clerical and technical workers – none of them dupes – have stood together with supporters throughout the city in demanding better.

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A compelling argument against libertarianism…from Glenn Reynolds:

…if bankruptcy law is “anti-freedom.” then what’s pro-freedom? Debtor’s prison?

Glenn is responding to a reader questioning how a devout libertarian like him can be so opposed to the bankruptcy bill that would make it harder for those who fail in the free market to mitigate the effects of that failure. The reader’s right: if the free market is really a just and efficient tool that distributes goods according to virtue, any good libertarian should see the existence of bankruptcy law as a reward for bad behavior or even a “perverse incentive,” and staunchly support a bill like this one to further shred that protection net. Protections for debtors are a good idea, and this bill is a trainwreck, because – contra the libertarians – it’s too often the obstensibly free market which fails citizens, not the other way around. Contemporary libertarianism is, dare I say it, bankrupt precisely because it posits a vision of economic freedom which fosters greater economic slavery for the majority by accelerating the race to the bottom, encouraging exploitation, further marginalizing the already vulnerable, and denying the rights and freedoms which enable consumers and workers to leverage demands from employers. As Glenn himself recognizes, a system which leaves someone who goes bankrupt to rot leaves him less free. But so does a system which allows employers to lock their employees inside for the night with impunity, or forces parents to choose between medical treatment for themselves or their children. Debtor’s prison is certainly “anti-freedom,” but so is child labor, so is union-busting, so is social security privatization, so is cutting tax cuts for the rich, and so is the Senate’s refusal to reverse the near decade-long decline in the value of the minimum wage. It’s nice to see Glenn and other conservatives recognize that this bankruptcy bill is a threat to real freedom, but the threat isn’t just this bill: it’s the broader economic agenda this administration is inflicting on America.

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If you’re willing to wade through some (tounge-in-cheek) problematic gender politics, Alek has an encouraging post on the California Nurses’ Associations’ legal victory over Schwartzenegger’s attempt to rollback the staffing ratios they’d won:

So the CNA sued, and for the last two months they have been targeting Schwartzenegger in force. Last Friday, Judge Judy Holzer Hersher issued an injunction against the emergency regulation, and told Arnold that instead of appealing he should just go sit in the back of the class and babble incoherently about steroids like an idiot. It’s possible I was reading between the lines a little there.

The highlight is Nurse Martha Kuhl’s fierce and unapologetic rejection, in a Newsweek interview, of the idea that working people fighting for a real social contract represent a greedy “special interest“:

I spent my day treating kids with cancer. I guess you could call that my special interest.